Right To Water and Sanitation

Beyond 2015 water paper calls for foregrounding of rights

isabella — Tue, 19 Mar 2013 15:27:29 +0000

The Beyond 2015 campaign coalition’s position paper on water has been released highlighting the central role of water to the social, economic and environmental dimensions of sustainable development and calling for the foregrounding of the human rights to water and sanitation in the future post 2015 development framework.

Beyond 2015 is a campaign coalition that brings together more than 620 civil society organisations from over the world to contribute to the international development agenda beyond the Millennium Development Goals (MDGs). Input to the position paper on water was coordinated by FAN Global, WASH United and EWP.

The position paper addresses the three dimensions of the UN thematic consultation on water; water, sanitation and hygiene; water resource management; and wastewater and water quality. It focuses on setting out the importance of these topics for the overall post-2015 development agenda and argues that the agreed overarching focus on poverty reduction for the post-2015 agenda cannot be achieved unless these three dimensions of water are addressed holistically.

The paper further shows how integrating these themes into the future agenda is essential to realising all of the social, economic and environmental pillars of sustainable development. Civil society organisations firmly believe in the need for a common set of principles that are key to achieving progress across the dimensions of the water theme, but also reach beyond the subject. The Millennium Declaration itself recognised the need for human rights, including equality and non-discrimination, as well as more inclusive and participatory governance to form key objectives of the current set of MDGs.

While the current MDGs have served to focus efforts on poverty eradication and overall development, progress has been uneven and governance and human rights have been neglected. This paper therefore calls for the future framework to catch up on this missed opportunity and to ensure that inclusive, participatory development, based on good governance, environmental sustainability and human rights, are put at the forefront of not just the water theme, but across the entire development agenda.

Download the overarching conclusions for water (PDF 225Kb)

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UK Government supports right to sanitation inclusion at Rio+20

isabella — Mon, 18 Jun 2012 13:32:01 +0000

On 15 June, the UK government, which until now has not recognised the human right to sanitation, announced that they are in a position to support the inclusion of commitments to the right both to safe drinking water and to sanitation as a human right in the Rio+20 outcome document.

The statement was made by Lord de Mauley who is a spokesperson in the House of Lords for the Department of Environment, Food and Rural Affairs (Defra) in response to a question from Baroness Kinnock of Holyhead.

Although it has long recognised the right to water, the UK abstained from voting on the resolution on the right to water and sanitation at the UN General Assembly in 2010. The UK stated that it did not believe that there was a sufficient legal basis under international law to declare sanitation as a human right. Because the right to sanitation is not specifically provided for under any of the international human rights treaties, the UK felt it would undermine the human rights framework to do so through a resolution in the Human Rights Council.

Since the announcement, the UK government has confirmed that it has now reviewed its legal position and “recognises the right to sanitation as an element of the right of everyone to an adequate standard of living under article 11 of the International Covenant on Economic, Social and Cultural Rights.” This is a significant shift in position and should mean that the UK will no longer be blocking text on the right to both safe and clean drinking water and to sanitation at negotiations such as Rio+20.

The Government will shortly be issuing a statement fully setting out its view on the legal scope of the right. Whilst the right is a significant and symbolic step forward, what is most important is implementation, making sure that enabling policies, finance and mechanisms are put in place to ensure the provision of basic water and safe sanitation services for all.

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Commitments to water and sanitation must come with real commitments to human rights

isabella — Wed, 06 Jun 2012 13:38:41 +0000

An Open Letter from the United Nations Special Rapporteur on the human right to water and sanitation to States negotiating the Outcome Document of the Rio+20 Summit

As the Special Rapporteur on the human right to safe drinking water and sanitation, I strongly call on States to recommit to the human right to water and sanitation at Rio+20.

The original zero draft of the outcome document “underline[s] the importance of the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights” (para. 67).

In the first and second rounds of ‘informal-informal’ negotiations on the zero draft held in New York between 19 to 23 March and 23 April to 4 May, some States suggested alternative language that does not explicitly refer to the human right to water and sanitation.

The right to water and sanitation is a human right that has been already recognized under international law, including by the General Assembly and the Human Rights Council in 2010. UN Member States are in consensus in this regard. I, therefore, call on all States to maintain their support to this fundamental human right and its explicit inclusion in the Rio+20 outcome document.

It is clear that a commitment to water and sanitation without the recognition of the human right to water and sanitation is insufficient to achieve the future we all want. The recognition of the human right to water and sanitation guides us to prioritize the un- and under-served and to ensure non-discrimination.

A sustainable development target for water and sanitation should aim at achieving access to safe and affordable drinking water and sanitation for all without discrimination, in sufficient quantities to protect human health and dignity, particularly for the most marginalized.

I know that all States support a future where every single individual enjoys access to safe drinking water and sanitation. I know that all States want a future where children do not die due to unsafe drinking water. The future I am referring to is about saving lives and about restoring the lost dignity of the millions of people who have been neglected and forgotten over the past decades, people who have not enjoyed any benefits from recent progress in water and sanitation.

The decisions that States will now take at Rio+20 will impact national policy-making, national and local budget allocations and the prioritization of funds by donors. The outcome of the Rio+20 negotiation, therefore, has strong potential in helping shape the future and peoples’ lives for decades to come. States must not miss this opportunity.

At Rio +20 we must again underline our commitments to the human right to water and sanitation. This right is essential for the full enjoyment of life and other human rights. Only by recommitting to the human right to water and sanitation will we achieve sustainable development that places people at the centre.

Catarina de Albuquerque

Special Rapporteur on the human right to safe drinking water and sanitation

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New comprehensive sourcebook of laws and policies

isabella — Sun, 11 Mar 2012 22:32:05 +0000

13 March 2012

At the 6th World Water Forum in Marseille, WASH United, Freshwater Action Network and WaterLex are launching a resource, The human right to safe drinking water and sanitation in law and policy – a sourcebook, detailing laws and policies guaranteeing the human right to safe drinking water and sanitation at national, regional and international levels.

Download The human right to safe drinking water and sanitation in law and policy – a sourcebook (PDF 2Mb)

Plus – WaterLex searchable online rights database

Browse a searchable online database of these laws and policies produced by WaterLex with contributions from FAN Global and WASH United.

Search the online database

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New resource: The right to sanitation in national laws

Admin — Tue, 10 Jan 2012 17:42:18 +0000

To counteract the statement that the right to sanitation did not exist, a team of specialists issued The right to sanitation in national laws (Book, 480p) describing the right to sanitation in national law in 16 countries and in international law. Half of the case studies are in English and half in French.

Download the flyer (PDF 1.3Mb)

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Rights breakthrough: legal recognition of water and sanitation affirmed by UN

isabella — Thu, 30 Sep 2010 10:10:44 +0000

On 30^th September 2010 the UN Human Rights Council, responsible for mainstreaming human rights within the UN system, adopted by consensus a resolution affirming that water and sanitation are human rights. Resolution A/HRC/15/L.14

Recalling the recent adoption of a similar resolution by the UN General Assembly, the resolution now adopted by the Human Rights Council took an important further step in affirming that “the human right to safe drinking water and sanitation is derived from the right to an adequate standard of living and inextricably related to the right to the highest attainable standard of physical and mental health, as well as the right to life and human dignity.”

“This means that for the UN, the right to water and sanitation is contained in existing human rights treaties and is therefore legally binding,” commented UN Independent Expert on human rights obligations related to access to safe drinking water and sanitation, Catarina de Albuquerque. “The right to water and sanitation is a human right, equal to all other human rights, which implies that it is justiciable and enforceable.”

Danielle Morley, Executive Secretary of Freshwater Action Network, a Global NGO network, says: ‘We’ve been working towards this moment for a decade. This is a fantastic development and will have a huge impact on the water and sanitation sector. In 160 countries in all regions of the world, governments can no longer deny their legal responsibility to ensure that water and sanitation services are provided to the billions of poor people lacking access”

While about 41 States had abstained from the resolution that was passed by the General Assembly in July, the resolution now passed in the Human Rights Council was adopted by consensus with no member State to the Council requesting a vote.

Various State delegations expressly welcomed the resolution. The United States highlighted that it was “proud to take this significant step of joining consensus on this important resolution regarding the right to safe drinking water and sanitation which is to be progressively realized.”

For further information visit the Freshwater Action Network (FAN) website.
For the text of the Resolution see the UN website.
The Independent Expert on human rights, water and sanitation, Ms. Catarina de Albuquerque, welcomes the resolution, to read her response see the Office of the High Commissioner for Human Rights.

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Independent Expert addresses the Human Rights Council

isabella — Fri, 17 Sep 2010 09:20:43 +0000

On the 15 September 2010, Catarina de Albuquerque delivered a statement at the 15th session of the Human Rights Council, calling the GA resolution a breakthrough and introducing this year’s thematic report. Catarina de Albuquerque describes the General Assembly resolution of 28 July 2010 as a breakthrough, demonstrating the political will of the international community to secure universal access to safe drinking water and sanitation.

Albuquerque’s thematic review focuses on the human rights obligations and responsibilities which apply in cases where non-State service providers are involved in water and sanitation service delivery. Albuquerque held three consultations to prepare the report and draws upon a framework of the Special Representative of the Secretary General, John Ruggie, to define private sector responsibilities related to human rights.

The report highlights a number of challenges encountered in private sector provision, and recognises the complex human rights obligations it entails. While non State service providers have human rights responsibilities the State has strict obligations to monitor and ensure individual’s human rights are not violated. The report gives recommendations for both States and service providers to better comply with the human rights obligations relating to access to water and sanitation.

Catarina de Albuquerque then briefly addressed her work on compiling best practices and gave accounts of her country visits to Egypt, Bangladesh and Slovenia.

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Human Rights Council to decide whether to pass resolution on the rights to water and sanitation

isabella — Wed, 08 Sep 2010 13:38:29 +0000

The Spanish and German delegation has raised a resolution on the rights to water and sanitation to be decided at the 15th Session of the Human Rights Council.

The resolution would follow the General Assembly’s recognition of the right to water and sanitation in July 2010, on 23 September 2010.

The Human Rights Council will decide whether to affirm the resolution to legally recognise the right to water and sanitation. If passed this will be an important step towards strengthening the legal obligations within UN mechanisms.

International and local NGOs are currently working hard to lobby governments on the Council to affirm this resolution.

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The General Assembly formally recognises the right to water and sanitation

isabella — Wed, 28 Jul 2010 12:11:22 +0000

The General Assembly formally recognised the right to water and sanitation by supporting the Resolution initiated by Bolivia on 28 July 2010. The Resolution 64/ 292 acknowledges that clean drinking water and sanitation are integral to the realisation of all human rights.

By a vote 122 in favour, none against and 41 abstentions, the General Assembly has adopted Resolution 64/ 292 recognising water and sanitation as a basic human right.

The Resolution welcomes the important work carried out by the Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation and welcomes her presentation of an annual report to the General Assembly. The Resolution also calls upon States and international organisations to provide financial resources, help build capacity and transfer technology to help other countries to provide safe, clean, accessible and affordable drinking water and sanitation for all.

The right to sanitation is importantly recognised, however it is recognised as part of the same right as the right to water.

In the introduction to the resolution the representative of Bolivia recognizes the health risks of sanitation as being far worse than the lack of safe water, and he quotes the Independent Expert discussing sanitation as evoking the concept of human dignity.

The majority of the abstaining countries argued that the resolution went against the ongoing ‘geneva process’ and the work carried out by the Human Rights Council. For the full proceedings of the vote please see the UN General Assembly’s press release.

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Advocacy guides

isabella — Mon, 12 Apr 2010 13:18:03 +0000

A Human Rights Approach to Development: Some Practical Implications for WaterAid’s Work : The first WaterAid lecture, City University, London
Julia Häusermann, President, Rights and Humanity, 10 September, 1999

Right to Water WHO, WaterAid, COHRE, 2003

Advocacy – What’s it all about? A Guide to Advocacy Work in the Water and Sanitation Sector : WaterAid September 2007

Resource Pack for Training, Advocacy for the Right to Water: Centre on Housing Rights and Evictions, April 2007.

Guidance Manual. Our Water, Our Waste, Our Town: Supporting civil society to engage in urban water and sanitation reforms: WaterAid, 2007

Advocating for Change: WaterAid, 2009

Budget advocacy for the water and sanitation sector in Nepal: A primer for civil society organisations: WaterAid, 2010

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